CAT/C/51/D/438/2010
asylum proceedings, the second complainant stressed that the police had visited their house
on several occasions. Second, the Swiss authorities considered that the complainants’
statements contradicted each other. Thus, the first complainant alleged that after
questioning him at the Ministry of the Interior, the police had continuously paid visits to
their house and taken him to the police station for questioning and that they had been
harassed for some two months. At the same time, the second complainant contended that
the first complainant had never been questioned or taken to the police station on those
occasions, due to his poor health, and that the police harassed them from December 2006 to
approximately one month prior to their departure. Third, the Swiss authorities argued that if
the first complainant had indeed been wanted by the police, he would not have been
allowed to obtain a passport and leave the country. Fourth, although the Swiss authorities
admitted that Tunisian nationals returning from a prolonged stay abroad were routinely
questioned upon arrival, such measures were not of such intensity as to be relevant in terms
of asylum law. The Swiss authorities concluded that the evidence provided by the
complainants did not suffice to establish the existence of a well-founded fear of persecution
in Tunisia.
2.6
The complaints further submit that the Swiss asylum authorities stated that their
expulsion from Switzerland was reasonable, lawful and possible. First, the complainants
had failed to prove that they had been subjected to State persecution in Tunisia and there
were no reasons to believe that they would be subjected to torture or other treatment
contrary to the Convention, should they return to Tunisia. Second, even if the first
complainant suffered from latent tuberculosis, depression and hepatitis C, as confirmed by
medical certificates, those diseases could well be treated in Tunisia, which has an excellent
and accessible health-care system.
2.7
The complainants submit that, contrary to the State party’s contention, they would
face real and imminent risk of being subjected to torture or other inhuman and degrading
treatment in Tunisia. They submit that the Swiss authorities had not reviewed their case
with due diligence, given that the decision of the Federal Administrative Court of 29
October 2010 mentioned a wrong date for their departure from the country and that the
authorities ignored the new evidence presented, in particular the summons of 7 December
2006 with regard to both complainants and a summons of 23 January 2007 with regard to
the first complainant. These documents corroborate the fact the Tunisian authorities have an
important interest in controlling and possibly punishing the complainants, whom they
suspect of being linked to Ennahda, and not merely because they have resided abroad for
several years.
2.8
The complainants further submit that they clarified inconsistences in their statements
in their appeal. In particular, they explained that the first complainant had not informed his
spouse of the questioning at the police station for “cultural reasons” and because he
intended to spare her from further sorrow. Furthermore, they stressed that they had travelled
to Switzerland on fake passports, which they had obtained by bribing officials. They refer
to the report of the Department of State of the United States of America, according to which
corruption is on the rise in Tunisia.1 In addition, they did not leave Tunisia by air but
crossed in a collective taxi into Libya. The complainants therefore contend that the fact that
they were able to leave Tunisia does not mean that they are not wanted there.
2.9
The complainants argue that they would be arrested, if forcibly returned to Tunisia
again. First, they were under police surveillance at the time of their departure and they had
been warned not to leave the country. Second, the first complainant is indeed a supporter of
Ennahda and attempted to establish contact with its representative in Switzerland,
1
4
Department of State, “2009 Country reports on human rights practices: Tunisia”, 11 March 2010.